The opinion in support of the decision being entered today was not
written for publication and is not binding precedent of the Board
Paper No. 28
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte TIMOTHY A. BALLESTEROS
__________
Appeal No. 1999-0674
Application No. 08/654,536
__________
ON BRIEF
__________
Before MCCANDLISH, Senior Administrative Patent Judge, NASE and BAHR,
Administrative Patent Judges.
MCCANDLISH, Senior Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the examiner’s final rejection of claims 1
through 8, 17, 18, 23, 24 and 28.1 No other claims are pending in the application.
Appellant’s invention relates to a method (claims 1-8 and 28) of filling a channel within a
bagel product with foodstuff and to the resulting product, namely the filled bagel product (claims
17, 18, 23 and 24). The term “bagel product” is defined on page 7 of appellant’s specification.
According to the detailed description in appellant’s specification (see page 4), a prior art
Model PS 4028 foodstuff dispenser unit manufactured by the Edhard Corporation is used to
1 Following the final rejection (Paper No. 8 mailed September 15, 1997), claims 17 and 23 were amended in the
amendatory paper filed October 14, 1997 and marked amendment C (Paper No. 9).
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